particracyfandomcom-20200215-history
Imperial Constitution of Istalia
The Imperial Constitution of Istalia is the founding law of the Istalian Empire, officially adopted in September 4571. It was presented as project of constitutional reform in 4570 before the National Congress of the Fifth Istalian Republic, in order to, reporting the words of the main promoter, Damiano Valenti, "entrust in perpetiuty the Guide of the Istalian Res Publica to an Emperor", which imperial dignity was vested in Michele Appiano De Borromei. The constitutional law structures the new institutional order, outiligning the relations between the new Imperial head of state, the new head of government and the new legislature. It also provides rules about the Imperial family and succession, the Court-related bodies and dignitaries. Text of the Imperial Constitution TITLE I ABOUT THE ORDER OF THE STATE 1. The guide of our Res Publica is entrusted in perpetuity to an Emperor, who takes the title of Emperor of the Istalians. 2. Michele Appiano De Borromei, current Head of the State of the Republic, is Emperor of the Istalians. 3. The Emperor of Istalians is the perpetual Guardianship of Istalia, Protector and Guarantor of the Constitution and the Values and Principles of our Democracy, Supreme Commander of the Armed Forces of Istalia. The Congress recognize to Michele Appiano De Borromei the excellent title of Pater Patriae. 4. The Emperor of Istalians shall act to defend and protect the Democratic Order of the State and he is authorized to adopt all the necessary measures to persue this august duty in respect of the Constitution, the Laws and the Rights of the Citizens. In case of emergence for the survival of the Democratic Institution, after approval by the Ministers and the National Legislature, the Emperor will be able to enact Emergency Imperial Decree which must be confirmed within a year by the Legislature, otherwise any Emergency Imperial Decree will decay. 5. Executive Power is entrusted to the Council of Ministers and the Prime Minister Imperial Secretary of State. When a Prime Minister is to be appointed, the President of the National Assembly summons for consultation representatives from each party group in the National Assembly. After the consultations the President of the National Assembly instructs a Prime Minister to presents a list of Ministers. The President confers with the Vice-President before placing a cabinet proposal before the National Assembly for the vote of confidence. The absolute majority of the National Assembly shall vote in favor to accord the confidence. Once confirmed by the National Assembly, the Prime Minister and the Government are formally appointed by the Emperor and shall swear in front the Emperor, the President of the National Assembly and the President and Vice-President of the Supreme Court. If the National Assembly rejects the President’s proposal, the procedure laid down in the previous paragraph is repeated. If the National Assembly rejects the President’s proposal four times, the procedure for appointing a Prime Minister is abandoned and the President of the National Assembly goes to the Emperor to ask to dissolve the parliament and call early elections. If no ordinary election is due in any case to be held within six months, an extraordinary election shall be held within the same space of time. [Previous article 5: Executive Power will be entrusted to the Council of Ministers and the Prime Minister Imperial Secretary of State. The National Legislature will elect the Prime Minister who, once formally appointed by the Emperor, will have to present to the representatives of the nation a Government for the necessary vote of confidence]. 6. The National Legislature will be renamed National Assembly of the Empire and will be elected with the same rules for the current National Congress unless other stated and decided. The National Assembly of the Empire will have the same powers of the current National Congress and regulates itself as per its own rules, approved by the legislature in accordance with the terms by national laws. 7. Justice is given in the name of the Emperor as Sovereign of Istalia who shall assure the indipendence of the Judiciary Power. As under the previous regime, the Ministry of Justice has the task of taking care of the organization and functioning of services related to the Justice while the High Council of the Judiciary, chaired by the Emperor or in his absence by the Imperial Chancellor, it is confirmed as the self-governing institution, in order to insure the autonomy and independence of the judiciary, and it is up to the High Council of Judiciary the competences in the matter of hiring, assignments and transfers, promotions and disciplinary measures in respect of ordinary magistrates and their families, appointment of some magistrates to the Supreme Court of Cassation, the appointment and removal of honorary magistrates, the indication of the candidates to the role of Judge of the Constitutional Court to be elected by all the magistrates of the Istalian Judiciary. It regulates itself as per its own rules, approved by the legislature in accordance with the terms by national laws. 8. The Emperor of Istalian will maintain the prerogative of the Head of the State, as specified in the Constitutional Law of 4569 (http://classic.particracy.net/viewbill.php?billid=599780), but the executive powers, as mentioned, will rely in the hand of the Prime Minister which will act as veritable political leader of Empire under the blessing of the Emperor. 9. The Emperor of Istalians, after advice and confirmation by the Prime Minister, can dissolve the National Assembly; he can propose to the Assembly a motion of no-confidence to dismiss the Prime Minister, one or more Ministers or the whole Government. TITLE II ABOUT THE IMPERIAL DIGNITY, THE IMPERIAL FAMILY AND THE REGENCY 10. The imperial dignity is hereditary in the direct, natural and legitimate descent of Michele Appiano De Borromei, by order of primogeniture. 11. The first degree relatives of Michele Appiano De Borromei forms the Imperial Family, which official dynastic name is Appiano De Borromei. 12. The members of the Imperial Family, in the order of succession, bear the title of Imperial Grand Princes (refered by now only as Princes). 13. The Emperor's official heir carries the title of Imperial Grand Prince of the Crown. 14. The National Assembly of the Empire regulates the mode of education of the Imperial Princes. 15. The Imperial Princes are members of the Imperial High Council when they reached the eighteenth year. 16. The Imperial Princes cannot marry without the Emperor's authorization. The marriage of an imperial prince, made without the Emperor's authorization, entails the deprivation of any right to succession, both for the one who contracted it and for his descendants. However, if there is no offspring from this marriage and it comes to dissolve, the prince who had contracted it regains his rights to the succession. 17. The acts ascertaining the birth, marriages and deaths of the members of the Imperial Family, are transmitted, following an order of the Emperor, to the National Assembly of the Empire, which orders its transcription on its registers and its deposit in the archives. 18. The Emperor establishes with statutes, to which his successors are bound to conform, the duties of individuals members of the Imperial Family towards the Emperor and an organization of the imperial palace in accordance with the dignity of the throne and the greatness of the nation. 19. In the absence of a natural and legitimate heir, the Emperor can adopt the sons or grandchildren of his brothers, provided they have reached the age of eighteen to succeed the Imperial dignity. 20. In the absence of a natural and legitimate heir and an adopted heir, a High Resolution of the National Assembly of the Empire, proposed by the Imperial High Council, and subjected to the acceptance of the people by referendum, appoints the Emperor, and rules in the his family the order of the inheritance. Until the election of the new Emperor is carried out, the duty and the dignity of the Emperor are managed by the Regent of the Empire. 21. The Emperor is a minor up to the age of 18; during his younger age, there is a Regent of the Empire. 22. The Regent must be at least twenty-five years old. 23. The Emperor designates the Regent among the Imperial Princes and his Consort, having the age required by the preceding article. 24. In the absence of designation by the Emperor, the Regency is referred to the closest Imperial Prince in degree, in the order of the inheritance, who is twenty-five years old; failing that the Emperor's consort can be Regent. 25. If, in the event that the Emperor has not designated the Regent, none of the Imperial Princes is twenty-five years old and also the Emperor's Consort cannot or refuses, the President of the National Assembly forms a special committee, reflecting the Assembly composition, which elects a Regent among the Judges of the Constitutional Court. 26. If, due to the minor age of the Imperial prince called to the Regency in the order of the inheritance, it has been assigned to a distant relative, or to one of the Judges of the Constitutional Court, the Regent entered into service continues his functions until the age of the Emperor. 27. No Emergency Imperial Degrees can be issued during the Regency. 28. The Regent exercises all the attributes of Imperial Dignity until the age of the Emperor. However, he cannot make appointments of emperor-appointing officers who were vacant at the time of the regency, or who made themselves empty during the minor age, nor make use of the prerogative reserved for the Emperor to dissolve the National Assembly of the Empire, revoke either the Prime Minister and Ministers, or the Judges of the Constitutional Court. 29. The Regency does not confer rights on the person of the minor Emperor. 30. The custody of the minor Emperor is entrusted to the mother and in the absence to the Prince designated for this purpose by the predecessor of the minor Emperor. In the absence of the mother of the minor Emperor or of a Prince designated by the Emperor, the National Assembly entrusts the custody of the minor Emperor to the closer relatives under the supervision of a Custody Council appointed by the National Assembly. Neither the Regent nor his descendants can be elected for custody of the minor Emperor. 31. In the event that the Emperor will use the faculty to adopt an heir, the act of adoption will be done in the presence of the members of the Imperial High Council, received by the Prime Minister Imperial Secretary of State, and immediately transmitted to the National Assembly of the Empire to be transcribed on his records and deposited in his archives. When the Emperor designates both a Regent for the minor age and a Prince for the custody of a minor Emperor, the same formalities are observed. The deeds of designation, both of a regent for the minor age, and of a prince for the custody of a minor emperor, are freely revocable by the emperor. Any act of adoption, of designation, or of revocation of designation, which will not have been transcribed on the registers of the National Assembly before the death of the Emperor, will be null and of no effect. 32. The Imperial High Council is formed by: the Emperor, who chairs the Council, the officially designed heir to the Throne, the Imperial Princes, the Emperor's Consort, the Emperor Emeritus, the Dowager Empress, the Widower Consort, the Archchancellor of the Empire, the Imperial Chancellor, and the Great Chamberlain. 33. The Imperial High Council is formed to deal with the most important affairs of the Imperial Family and of the Imperial Dignity. The Imperial High Council, besides the duties already mentioned, is tasked to authorize, or not, the Justice against a member of the Imperial Family in the case of criminal indictment. Other functions and responsabilities can be recognized to the Imperial High Council by the Emperor exclusively on all these matters which concern the Imperial Family, the Imperial Court, the Imperial succession, and in general all these matters which don't affect the powers of the State and the political order and remain relagated to the private sphere of the Imperial Court. 34. The Archchancellor of the Empire is the Chancellor of the Imperial Palace and responsible for the civil status of the Imperial Family, he is present at the coronation and funeral of the Emperor and the birth of Imperial Princes and the celebration of their marriage. He presides over the Imperial High Court in absence of the Emperor. Finally, the Archchancellor of the Empire presents the other holders of great dignities of the Empire, the Prime Minister, the ministers, the emperor-appointed civil officers of the Empire, the Istalian Istalian diplomats, the elected officials of the State to the oath they place in the hands of the Emperor. 35. The Imperial Chancellor is a member for life of the Constitutional Court and of the Supreme Tribunal, he represent the Emperor within the Judiciary, He presents the emperor-appointed, the assembly-elected and the magistrate-elected Judges of the Constitutional Court to the oath they place in the hands of the Emperor. 36. The Great Chamberlain is the chief functionary of the Imperial Court, he handle the financial needs of the Imperial Court, he introduce to the Emperor foreign dignitaries in formal visit, he also keeps the Privy Imperial Seal and the State Imperial Seal. 37. The Archchancellor of the Empire, the Imperial Chancellor and the Great Chamberlain are appointed for life by the Emperor, irremovable if not after a decision taken by the Emperor himself, enjoy the same honors as the Imperial Princes and rank immediately after them. 38. The Emperor may grant Titles of Nobility to those who have distinguished themselves and worked hard for the benefit of the Imperial Crown, for the Institutions and for the Democratic Principles and Values of Istalia. The Titles of Nobility can be hereditary. The Emperor or his successors may revoke titles of nobility to the holders or to their heirs if the title is hereditary. 39. The Emperor may institute State Orders and Dynastic Orders as part of a national honours system. Category:Istalia Category:Politics of Istalia Category:Constitutions